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U.S. Supreme Court, Environmental & Energy, Constitutional Law, California Supreme Court, California Courts of Appeal

Billionaire vs surfers case may go to high court

Mar. 6, 2018
By Bryan W. Wenter

Silicon Valley entrepreneur Vinod Khosla is taking his fight all the way to the Supreme Court.


Government, Environmental & Energy, Administrative/Regulatory

A recurring issue in land use litigation is an argument advanced by project opponents that environmental review under the Cali...


Letters, Judges and Judiciary, Government

Unfortunately, readers were given a partial, distorted snapshot of the unprecedented progress being made to diversify the benc...


Letters, Judges and Judiciary, Government

Brown made progress, but there's still work to do

Mar. 6, 2018
By Charles H. Jung

The numbers show that this governor has made significant progress. But while well represented in the California Supreme Court,...


U.S. Supreme Court, Labor/Employment, Civil Rights

Last week, the 2nd Circuit joined the 7th Circuit in ruling that Title VII prohibits discrimination based on sexual orientation.


Civil Litigation, Intellectual Property, Government

For too many copyright stakeholders, litigation in federal courts is prohibitively expensive; especially in relation to the mo...


Civil Litigation, Intellectual Property

It used to be the case that user-generated content was seen as free for the taking.


Civil Litigation, Law Practice, Appellate Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


Law Practice, Judges and Judiciary, State Bar & Bar Associations

Not my vote

Mar. 5, 2018
By Arthur Gilbert

For now, unless I have reason not to do so, all incumbent judges have my vote.


Civil Litigation, Insurance, California Courts of Appeal

A recent decision provides insureds with both legal support and a roadmap for holding insurers accountable for bad faith claim...


Family

Bright people do unwise things

Mar. 5, 2018
By Jeffrey P. Blum

This axiom is on full display in one of the most interesting family law cases decided in 2017.


U.S. Supreme Court, Corporate, Antitrust & Trade Reg., Administrative/Regulatory

Sorry, we don’t take American Express

Mar. 2, 2018
By Jeremy K. Robinson

The U.S. Supreme Courts is poised to answer a key antitrust issue in a case against American Express.


Corporate

Delaware ruling tightens reins on director pay

Mar. 2, 2018
By Tamara M. Kurtzman

The Delaware Supreme Court recently held that director compensation awards made pursuant to discretionary compensation plans a...


U.S. Supreme Court, Civil Litigation, Labor/Employment, California Supreme Court, California Courts of Appeal, 9th U.S. Circuit Court of Appeals

The continuing saga of PAGA

Mar. 2, 2018
By Peter R. Boutin, Taylor J. Altman

One conclusion is certain: The PAGA saga is far from over. Each new California or 9th Circuit case introduces another question...


Insurance

Avoid the consequences of untimely tender

Mar. 2, 2018
By Dominic Nesbitt

It cannot be over-emphasized how critical it is to tender a liability insurance claim in a prompt and proper manner.


Letters, Criminal, Constitutional Law

A March 1 article quotes Chapman University School of Law professor Lawrence Rosenthal as saying that Brady is only relevant i...


Civil Litigation, Insurance, California Supreme Court, 9th U.S. Circuit Court of Appeals

High court finally set to weigh ‘occurrence’ in a CGL policy

Mar. 1, 2018
By JoLynn M. (Pollard) Scharrer, Jennifer Tung

Over a year ago, the 9th Circuit asked the state high court to clear up a question concerning third-party claims.


U.S. Supreme Court, International Law

It started when three Hamas suicide bombers blew themselves up on a crowded pedestrian street in central Jerusalem in Septembe...


Civil Litigation, Law Practice

Up until 2017, the California Code of Civil Procedure was unclear as to how one was to calculate deadlines for amending pleadi...


Civil Litigation

On Monday, the Northern District of California issued a ruling denying Facebook’s motion to dismiss for lack of subject matter...


Tax

At tax time, who actually owns that crypto?

Mar. 1, 2018
By Robert W. Wood

The fact that the IRS says crypto is property might prompt you to consider the concept of ownership. Wouldn’t it be nice if so...


U.S. Supreme Court, Government, Constitutional Law

Strange things are afoot in takings case

Feb. 28, 2018
By Michael M. Berger

A petition for certiorari is pending in a strange takings case. Although few come in contact with this kind of taking, the leg...


Labor/Employment, Government, Corporate, Administrative/Regulatory

Trump’s labor board is going back to the future

Feb. 28, 2018
By Robert E. Entin

Even though one can expect change at the NLRB whenever there is a new administration, the noise coming from the board over th...


U.S. Supreme Court, Constitutional Law, Civil Rights, Books

In “We the Corporations,” UCLA law professor Adam Winkler chronicles the astonishing story of corporations’ fight to gain equa...


Civil Litigation, Entertainment & Sports, Civil Rights, Administrative/Regulatory

As the euphoria of the Winter Olympics subsides, it's time to shine a spotlight on the explosive evidence against our country'...


Civil Litigation, Law Practice

You can’t read minds. Still, the field of body language is packed with junk science, some of which is delightfully funny.


Law Practice, Law Office Management

Should that partner stay or should that partner go?

Feb. 28, 2018
By Daniel O'Rielly, Dena Roche

The best risk management approach for partner departures is to prevent the right partners from wanting to leave the firm in th...


Civil Litigation, Corporate

Ruling provides guidance on demand futility

Feb. 27, 2018
By Allen L. Lanstra, Sarah Runnells Martin

A recent Delaware Supreme Court ruling grapples with due process concerns and demand futility.


Judges and Judiciary, Government

Judicial ballot reform is here

Feb. 27, 2018
By Randolph M. Hammock

Now that it is election season, the legal community once again will turn part of its focus upon the upcoming elections for sup...


Employee status in the age of the gig economy

Feb. 26, 2018
By James M. Nelson

A recent federal court ruling and a case recently argued before the California Supreme Court are the most recent installments ...